Extension of time (EOT) claims in the UAE: a FIDIC guide

When you are entitled to more time

Under Sub-Clause 8.4 the Contractor is entitled to an extension if, and to the extent that, completion is or will be delayed by:

A Variation, or another substantial change in the quantity of an item of work
A cause of delay giving an entitlement under another Sub-Clause, such as 1.9 (late drawings or instructions), 2.1 (late access to the Site) or 4.12 (unforeseeable physical conditions)
Exceptionally adverse climatic conditions
Unforeseeable shortages of personnel or Goods caused by an epidemic or governmental actions
Any delay, impediment or prevention caused by the Employer, its personnel or its other contractors on the Site

The time limits

28 daysNotice of claim, from awareness of the event

42 daysFully detailed claim with the delay analysis

MonthlyInterim claims while the delay continues

42 daysThe Engineer’s response, then a determination under Sub-Clause 3.5

What the claim must show

1
The event and the entitlement
What happened, when, and the Sub-Clauses that give you time and money for it.
2
The delay to completion
The effect on the critical path, shown on the accepted programme.
3
The extension claimed
The number of days and the new Time for Completion.
4
The cost
Prolongation and other costs, with the records behind each figure.

Delay analysis in plain words

Take the programme before the event, add the event, and show the new completion date. The difference on the critical path is the extension. Use the accepted programme (Sub-Clause 8.3) and keep it updated: an analysis on an old programme is easy to challenge. The common methods are:

Time impact analysis: models the event into the current programme. Common while the work is in progress.
As-planned against as-built: compares the plan with what happened. Used after the event.
Windows analysis: divides the project into periods and looks at the critical path in each.

Prolongation costs

Prolongation is the time-related cost of staying on site longer: site staff, offices and facilities, plant, insurance and security for the delay period. Claim the Cost actually incurred, with records. Profit is due only where the Sub-Clause allows it, such as 1.9 and 2.1 in the 1999 Red Book.

Sample wording

This is our fully detailed claim under Sub-Clause 20.1 for the delay caused by the late access to Zone C, notified on 10 April 2026. The time impact analysis in Appendix B, on Programme Revision 4, shows a delay of 41 days to the critical path. We claim an extension of the Time for Completion of 41 days under Sub-Clause 8.4 and prolongation costs of AED 738,200, built up in Appendix C.

Concurrent delay

If your own delay runs at the same time as the Employer’s, the contract and the facts decide the outcome. Deal with it openly in the analysis rather than leaving the Engineer to find it.

Common mistakes

Claiming the whole period of the event without showing its effect on the critical path
Using a programme that was never accepted or never updated
Ignoring your own delays
Missing the 28-day notice, which can lose the claim